Share on Facebook Share on Twitter Comment on this quote Share via Email Print this Page [481-500] of 715 Justice quotesJustice QuotesJustice Previous 20 quotes Next 20 quotes It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each. So, if a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, so that the Court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the Court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If, then, the Courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the Legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.~ John Marshall The province of the Court is solely to decide on the rights of individuals... . Questions, in their nature political or which are, by the Constitution and laws, submitted to the Executive, can never be made in this court.~ John Marshall Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional. ... [S]hould Congress, under the pretext of executing its powers, pass laws for the accomplishment of objects not entrusted to the government, such [acts are] not the law of the land.~ Justice John Marshall If the First Amendment means anything, it means that a state has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch. Our whole constitutional heritage rebels at the thought of giving government the power to control men's minds.~ Justice Thurgood Marshall Now all acts of legislature apparently contrary to natural right and justice, are, in our laws, and must be in the nature of things, considered as void. The laws of nature are the laws of God: A legislature must not obstruct our obedience to him from whose punishments they cannot protect us. All human constitutions which contradict His laws, we are in conscience bound to disobey. Such have been the adjudications of our courts of justice.~ George Mason No free government, or the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality and virtue, and by frequent recurrence to fundamental principles.~ George Mason A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to those of piety, justice, moderation, temperance, industry and frugality, are absolutely necessary to preserve the advantages of liberty, and to maintain a free government.~ Massachusetts Bill of Rights Don't I have the right to do what I want with my own money?~ Matthew 20:15 The only thing that saves us from the bureaucracy is inefficiency. An efficient bureaucracy is the greatest threat to liberty.~ Eugene McCarthy The highest patriotism is not a blind acceptance of official policy, but a love of one's country deep enough to call her to a higher standard.~ George McGovern If the words 'life, liberty, and the pursuit of happiness' don't include the right to experiment with your own consciousness, then the Declaration of Independence isn't worth the hemp it was written on.~ Terence McKenna All questions of power, arising under the constitution of the United States, whether they relate to the federal or a state government, must be considered of great importance. The federal government being formed for certain purposes, is limited in its powers, and can in no case exercise authority where the power has not been delegated. The states are sovereign; with the exception of certain powers, which have been invested in the general government, and inhibited to the states. No state can coin money, emit bills of credit, pass ex post facto laws, or laws impairing the obligation of contracts, &c. If any state violate a provision of the constitution, or be charged with such violation to the injury of private rights, the question is made before this tribunal; to whom all such questions, under the constitution, of right belong. In such a case, this court is to the state, what its own supreme court would be, where the constitutionality of a law was questioned under the constitution of the state. And within the delegation of power, the decision of this court is as final and conclusive on the state, as would be the decision of its own court in the case stated.~ Justice John McLean That distinct sovereignties could exist under one government, emanating from the same people, was a phenomenon in the political world, which the wisest statesmen in Europe could not comprehend; and of its practicability many in our own country entertained the most serious doubts. Thus far the friends of liberty have had great cause of triumph in the success of the principles upon which our government rests. But all must admit that the purity and permanency of this system depend on its faithful administration. The states and the federal government have their respective orbits, within which each must revolve. If either cross the sphere of the other, the harmony of the system is destroyed, and its strength is impaired. It would be as gross usurpation on the part of the federal government, to interfere with state rights, by an exercise of powers not delegated; as it would be for a state to interpose its authority against a law of the union.~ Justice John McLean Liberty ... was a two-headed boon. There was first, the liberty of the people as a whole to determine the forms of their own government, to levy their own taxes, and to make their own laws.... There was second, the liberty of the individual man to live his own life, within the limits of decency and decorum, as he pleased -- freedom from the despotism of the majority.~ H. L. Mencken The notion that a radical is one who hates his country is naive and usually idiotic. He is, more likely, one who likes his country more than the rest of us, and is thus more disturbed than the rest of us when he sees it debauched. He is not a bad citizen turning to crime; he is a good citizen driven to despair.~ H. L. Mencken For every problem there is one solution which is simple, neat, and wrong.~ H. L. Mencken The whole drift of our law is toward the absolute prohibition of all ideas that diverge in the slightest form from the accepted platitudes, and behind that drift of law there is a far more potent force of growing custom, and under that custom there is a natural philosophy which erects conformity into the noblest of virtues and the free functioning of personality into a capital crime against society.~ H. L. Mencken I believe in only one thing: liberty; but I do not believe in liberty enough to want to force it upon anyone.~ H. L. Mencken Judge: a law student who marks his own papers.~ H. L. Mencken The penalty for laughing in a courtroom is six months in jail; if it were not for this penalty, the jury would never hear the evidence.~ H. L. Mencken Previous 20 quotes Next 20 quotes Share on Facebook Tweet Email Print